Trademark Oppositions

After trademarks have been accepted for registration by IP Australia, this fact is advertised in the Official Trade Marks Journal. This triggers a two month period known as the ‘Opposition Period’ in which others have a right to oppose to the registration of the trademark. In this article, we give answers to some frequently asked questions about trademark oppositions.

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‘Humpty Dumpty’ Copyright Assignments

A copyright assignment involves the transfer of ownership from one owner to another. If an agreement provides that ‘the Developer assigns all of the copyright in the Software to the Client’ most non-lawyers would assume that those words mean exactly what they say: i.e. that the copyright in the Software has been transferred by the Developer to the Client. Unfortunately, the actual legal position may not be quite so straight forward.

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CopyrightDavid Kwei
Safe as Houses: IP Insurance

An essential ingredient of any mature intellectual property strategy is to ensure that you are able to enforce and defend your rights in court should the need ever arise. There is no point securing your intellectual property rights if you don’t have the means to take an infringer to court, or defend allegations being made against you. IP insurance may be an option for you.

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The Concept of ‘Bad Faith’ in Domain Name Disputes

Owners of similar domain names in the ‘.au’ space sometimes have the option of using the Australian Dispute Resolution Policy (or the auDRP) to resolve their dispute. In order to be able to use the auDRP successfully, the owner of a prior domain name needs to prove that the domain name was registered or used in ‘bad faith’. The obvious question becomes: what is ‘bad faith’?

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Fencing Off Your IP: Asset Protection – Part 2

This is the second of a two part series about the ways in which different ownership structures can be used to protect IP Assets. In Part 1, we explained how separating ownership and operations is crucial to protecting assets in the case of a business failure. In this part, we look at some commonly used ownership structures.

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General IPDavid Kwei
Fencing Off Your IP: Asset Protection - Part 1

This is the first of a four part series about the ways in which different ownership structures can be used to protect IP Assets. In Part 1, we explain how failure to plan for business difficulties can involve loss of control or ownership of key IP assets, and discuss some strategies to employ to prevent this.

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General IPDavid Kwei
What Are Moral Rights?

Moral rights are a form of protection given to creators of certain works under the Copyright Act 1968. They were first introduced into Australia in December 2000. They’re regarded as being ‘moral’ rights because they’re designed to protect the relationship between the works and their creators rather than being focused on who has the right to exploit the commercial or economic interests.

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CopyrightDavid Kwei
Copyright 101 - What is Copyright?

Copyright is all pervasive. It protects a dizzying array of subject matter from written works such as instruction manuals and poems to pictorial works such as drawings and maps. It protects musical and audiovisual works including podcasts and YouTube videos and other subject matter such as television and radio broadcasts.This article provides an introduction to the law of copyright by explaining a number of fundamental concepts in simple terms.

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CopyrightDavid Kwei